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14 First Amend. L. Rev. 376 (2015-2016)
Disaggregating Corpus Christi: Illiberal Implications of Hobby Lobby's Right to Free Exercise

handle is hein.journals/falr14 and id is 400 raw text is: 








  DISAGGREGATING CORPUS CHRISTI: ILLIBERAL
IMPLICATIONS OF HOBBYLOBBYS RIGHT TO FREE
                          EXERCISE

                       KATHARINE  JACKSON*

                          I.  INTRODUCTION

       Many  practice their religion within the context of structured,
hierarchical organizations,1 yet legal discourse on religious freedom
too often fails to open the black box of the church with an eye to-
wards justice.2 Legal scholars talk of freedom for the church, but not
of freedom within the church.3 They do so notwithstanding the noto-
rious and  horrifying scandals of contemporary  religious history.4
The crimes of statutory rape, pedophilia, and child abuse committed
by religious leaders shock to the very core.5 But jurisprudence is
nevertheless loathe to subject internal church decision-making to
public scrutiny.6 This should come as no surprise. The U.S. has a long
history of support for religious liberty; the U.S. Supreme Court has a



* Ph.D. Candidate, Columbia University; M. Phil., Columbia University (2015);
L.L.M., Temple University (2011); J.D., College of William and Mary Marshall-
Wythe School of Law (2005); B.A., University of Pennsylvania (2002). I am
greatly indebted to Prof. Jean L. Cohen, Nell and Herbert Singer Professor of Po-
litical Thought at Columbia University, as many of the ideas contained here
were developed during a seminar led by her during the spring of 2014. 1 also
wish to thank my colleagues Nathanial Mull, Ashraf Ahmed, Kevin Elliott, Guido
Parietti, Luise Papke, Robert Goodman, and Ben Mueser for their helpful com-
ments and critique. All mistakes and omissions are my own.
See RONALD DWORKIN, RELIGION WITHOUT GoD 107 (2013).
2 For a representative example, see MARCI A. HAMILTON, GOD VS. THE GAVEL:
RELIGION AND THE RULE OF LAW (1995).
3Id.
4 id.
5Id.
6 As evidenced by broad, bipartisan public support for the Religious Freedom
Restoration Act of 1993 (RFRA), 42 U.S.C. §§ 2000bb to bb-4 (1993), which en-
hanced protections for religious organizations from democratic lawmaking.

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